Kathmandu: The Supreme Court (SC) has ordered the government to establish legal safeguards to protect individual data on national identity cards, aiming to prevent misuse of personal and biometric data while promoting governance and service delivery reforms.
In a ruling on a case concerning the national identity card, the full bench of Chief Justice Prakash Man Singh Raut and Justices Abdul Aziz Musalman and Nripa Dhwoj Niraula instructed the government to secure citizens’ details and create the necessary laws. The SC emphasized, “To guarantee the protection of information with electronic records, the government must implement more reliable legal, policy, structural, and managerial arrangements.”
The SC released the full text of its January 19 ruling on Friday. The case originated from a writ petition filed by Advocate Ram Bahadur Raut, who sought to annul the national identity card, arguing that the Constitution does not recognize it. The SC dismissed the petition, allowing the government to continue with the implementation of the national identity card system.
The court also instructed the government to enhance public awareness regarding the identity card process. It directed, “Reach the points near citizens’ residences, collect and distribute personal and biometric details based on Nepali citizenship as soon as possible.” Furthermore, it urged authorities to eliminate obstacles that prevent citizens from accessing public services due to the lack of a national identity card.
The SC ordered agencies responsible for public services to set up sufficient collection and distribution stations to ease the process. It also warned against unauthorized access or misuse of data, advising agencies to maintain scientific record-keeping to ensure security.
Additionally, the court directed agencies to conduct security audits of systems using the national identity card number for services and to develop necessary policies and legal frameworks to ensure confidentiality and protection of electronic records.
Currently, the government is implementing the national identity card through policy decisions, infrastructure development, and financial investments. The SC clarified that while the identity card is crucial for streamlining public services, it cannot replace the citizenship certificate, which is tied to nationality.
The court emphasized that all Nepali citizens should have easy access to the national identity card and should not be denied government services due to its absence. Vulnerable groups, including children, disabled individuals, senior citizens over 90, and those unable to care for themselves, will continue receiving social security and other essential services even without the card.
Since its launch in 2018, 16.1 million citizens have received their national identity numbers. The government has been collecting identity card details from 653 units nationwide, though the SC noted that coverage remains insufficient relative to the total population. The national identity card, which contains an electronic chip, is designed to store citizenship details.
The Ministry of Home Affairs issued a notice on June 24, 2024, to enforce constitutional guidelines and the National Identity Card and Registration Act, 2019. A writ petition challenged this notice, but the Ministry argued in its response that the notice could not be annulled as long as the Act remains in force.
The government has mandated the national identity card number for services such as opening bank accounts, social security benefits, pensions, and passports. However, many citizens have yet to receive their identity cards, and the SC acknowledged the challenges faced by those unable to access essential services despite holding citizenship certificates.